Prostitution is illegal in all 50 states, except in 10 small counties in Nevada, which still allow brothel prostitution. Arizona state law contains strict laws against the act of prostitution, solicitation of prostitution, or engaging in any acts about procuring sex workers.
Like other border states, Arizona also closely monitors human trafficking. Arizona Revised Statutes contain separate code sections for adult and child sex trafficking. Child sex trafficking is subject to enhanced penalties under ARS 13-3214.
Defining Prostitution
Prostitution generally involves three parties: the sex worker, the client ("john"), and the procurer ("pimp"). Arizona laws provide criminal charges for all three parties in the transaction.
Arizona law defines prostitution as engaging in or agreeing to engage in sexual conduct with any other person for money or other "valuable consideration." There are a range of other crimes associated with prostitution charges, including:
- Enticement of persons for prostitution. This crime involves luring or leading another person to a "house of prostitution" or elsewhere for purposes of prostitution. § 13-3201
- Procuring or placing in a house of prostitution. Receiving money or other items of value for recruiting prospective prostitutes (pimping). § 13-3203
- Keeping a house of prostitution (§ 13-3208) or detaining a person in such a house as repayment of a debt (§ 13-3207). Sex slavery, sex trafficking, and similar crimes are felonies. Working in such a house is a misdemeanor.
- Pandering is placing any person in a location or with any other person with the intent to become a prostitute (§ 13-3209). Pandering and pimping (receiving the earnings of a sex worker) are felonies.
Understanding Prostitution/Solicitation Charges in Arizona
The first three prostitution and solicitation arrests are misdemeanors. Your fourth offense may net you a level 6 felony charge. The penalties for prostitution and solicitation are progressive. The more convictions a defendant collects, the more severe the penalties (§ 13-3214).
Penalties for pimping, pandering, and procuring are class 5 felonies. Forcing or coercing someone into prostitution or helping someone get a prostitute is a more serious offense than prostitution.
A sexual act does not need to happen for a prostitution charge. The crime is the intent to engage in a sex act for money. The parties must make a "substantial act" to complete the agreement, such as exchanging money or going elsewhere to carry out the act.
Sex Trafficking
Sex trafficking is exploiting others for commercial sex (prostitution, forced marriage, pornography) through force, coercion, or fraud. Trafficking goes beyond pimping or pandering by the scale of the operation. Trafficking victims can be adults or children, and Arizona has separate criminal laws for each type.
- Sex trafficking of adults involves coercing or forcing anyone older than 18 into prostitution or sexually explicit performances (ARS §13-1307). Sex trafficking is a Class 2 felony.
- Trafficking of children involves causing or using children in any sexual act or profiting from child prostitution (ARS §13-3212). Child sex trafficking is a Class 2 felony with mandatory minimum sentences. Child sex trafficking has enhanced penalties for repeat offenders up to life imprisonment.
Overview of Arizona Prostitution Laws
Arizona criminalizes each act described above. Arizona state law allows cities to enact their own ordinances about prostitution and solicitation. The city of Phoenix has a very inclusive law that criminalizes solicitation and prostitution.
Arizona Statutes
Penalties and Sentences
Prostitution is a class 1 misdemeanor with mandatory minimum jail sentences.
- First offense: At least 15 consecutive days in jail. The offender is not eligible for probation until completing the entire sentence.
- Second offense: Not less than 30 consecutive days in jail. The offender is not eligible for probation until completing the entire sentence.
- Third offense: Serve a minimum of 60 consecutive days in jail.
- Four or more offenses: With a fourth prostitution conviction, the crime becomes a Class 5 felony with a minimum of 180 consecutive days in jail or state prison.
Defenses
- Victims of sex trafficking may claim coercion as an affirmative defense to a charge of prostitution. An affirmative defense means the defendant committed the offense, but there was a reason for their actions. In this case, they had no choice.
- Lack of intent. The crime of prostitution requires both parties to agree to perform a sexual act for money. If the parties can establish there was no intent, there was no crime. This defense does not work during prostitution stings or "john stings" where the other party is a police officer.
- Entrapment exists when law enforcement lures or coerces a defendant into committing a crime they otherwise would not have committed. This defense is also void during police stings.
Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to bring you the most current information. You should verify the laws you're researching by conducting your own research or consulting with an attorney before making any legal decision.
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